The Republican plan would spend about $42 million next year for
English-language-learner programs and teacher training, although only $13.5
million would be new funding. That could draw a veto from Democratic Gov. Janet
Napolitano.

It was unclear how much more the state would spend in future years because
schools would be required to apply for grants from the state Department of
Education to pay for English-learner programs. In fact, the bill would create a
grant program that is subject to legislative approval.

"The districts will have an administrative nightmare trying to put these
proposals together," said Senate Democratic Leader Linda Aguirre. "I have asked
the governor to veto the bill because I don't think it will help these
students."

Republican Rep. Tom Boone, who helped craft the plan, said his bill was an
honest attempt to satisfy the court.

"We have no idea what the court will do," said Boone, one of the House
Appropriations chairmen and an architect of the plan. "Whether the judge accepts
it is up to the judge, but we've tried to address every portion of his decree.
We'll see what happens. I think we've done our due diligence."

The issue of English-language learners grew out of a lawsuit, Flores vs.
Arizona, filed by a Nogales family in 1992. In January, a federal judge ruled
that lawmakers are shortchanging the students and ordered the Legislature to fix
the problem by the end of its 2005 session. A court-ordered cost study in
February reported Arizona would need to spend an additional $210 million a year
to help students overcome language barriers and get a decent education, or more
than $1,000 more per child.

The state now spends about $355 per child on English learners, or
students who speak another language and are trying to learn English.

In all, Arizona spends nearly $80 million a year on English-learner education
programs. The new plan would push spending to more than $400 per child for the
175,000 students in Arizona called English-language learners.

The money comes with many strings, and was opposed by House and Senate Democrats
who said the amount was not adequate and could jeopardize state highway funds by
landing the state back in court. Democrats said they would ask Napolitano to
veto the plan because they offered at least four counterproposals to Republican
leaders, but all were rejected. The Democrats' plan called for an infusion of
roughly $90 million over the next three years.

Napolitano's chief lobbyist, Mike Haener, said he didn't know if the governor
would accept the new plan, but he said her pledge to sign the negotiated budget
was contingent on "a satisfactory" solution to the Flores issue.

"If the Flores plan is not satisfactory, do you still have a deal?" Haener said.
"I don't know the answer to that."

Sen. Gabrielle Giffords, D-Tucson, was more blunt.

"Arizona has underfunded English learners for a long period of time," Giffords
said. "This won't get students up to speed. The dropout rate among Hispanic
students is very, very high. It's as simple as that."

The language funding issue is the last piece of the Legislature's budget plan,
which has not yet been sent to Gov. Janet Napolitano after being approved last
week.

Tim Hogan of Arizona Center for Law in the Public Interest said the legislative
plan falls far short of complying with the federal court order. Hogan noted the
bill requires schools to apply all other funding that could be used for English
learners, including federal dollars, before they can apply for the state grants.
Some schools would qualify for the new state grants, while others might have to
pass a property tax for the same program.